Recent developments in Ukraine: threats to the functioning of democratic institutions

Author(s): Parliamentary Assembly

Origin - Assembly
debate on 9 April 2014 (15th Sitting) (see Doc. 13482, report
of the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee),
co-rapporteurs: Ms Mailis Reps and Ms Marietta de Pourbaix-Lundin). Text adopted by the Assembly on
9 April 2014 (15th Sitting).

1. The Parliamentary Assembly deeply
regrets the dramatic events in Kyiv (Maidan) from 18 to 20 February 2014
that led to the death of over 100 protesters and 17 police officers.
It considers that the unprecedented escalation of violence was,
regrettably, largely the result of the increasingly hard-handed
approach of the authorities, including the so-called anti-terrorist
action to break up the Euromaidan protests by force, contrary to
all advice given by national and international interlocutors, including
by the Assembly in its Resolution
1974 (2014) on the functioning of democratic institutions
in Ukraine.

2. The Assembly strongly condemns the use of snipers and live
ammunition against protesters by the Ukrainian authorities at that
time. Such actions are unacceptable. All fatalities and all human
rights abuses that occurred in relation to the Euromaidan protests
need to be fully investigated and the perpetrators, including those
in the line of command, brought to justice. There can be no impunity
for human rights abuses, irrespective of who committed them. At
the same time, it is important that these investigations are impartial
and free from political motivation or any desire for retribution.
They should take place transparently and in full accordance with
the requirements of Article 6 of the European Convention on Human
Rights (ETS No. 5). The advisory committee proposed by the Council
of Europe could play an important role in helping the authorities to
ensure that these conditions are met.

3. The Verkhovna Rada played an important and constructive role
in resolving the crisis when, with unity and consensus, it managed
the change of power and implementation of the main provisions of
the 21 February 2014 agreement, in line with the overall tenets
of the agreement and with due consideration for constitutional principles.
The Assembly therefore fully recognises the legitimacy of the new
authorities in Kyiv and the legality of their decisions. It regrets
attempts to question the legitimacy of the new authorities, which
can only serve to destabilise the country.

4. The Assembly considers that the new political environment
following the events on Maidan between 18 and 21 February, and the
resulting change of power, has opened a window of opportunity for
Ukraine’s democratic development. It is now important to use this
window of opportunity to establish a genuinely democratic and inclusive
system of governance that will guarantee and strengthen the unity
of the country. In order to fully restore the rule of law, the Assembly
calls for the immediate disarmament of all illegally armed persons
and groups in Ukraine and for continuous action by the authorities
to protect Ukrainian citizens against the endemic corruption in
the whole country.

5. The Assembly takes note of the 2004 constitutional amendments
that have been re-enacted by the Verkhovna Rada with a constitutional
majority. The Assembly recalls and reiterates its concerns with
regard to these constitutional amendments, as expressed in various
Assembly resolutions adopted when these amendments were first in
force. Further constitutional reform is therefore urgently necessary.
The Assembly urges the Verkhovna Rada to use its unique unity at
this moment to adopt, without further delay, the constitutional
amendments necessary to establish a better balance of power between
the president and the legislature and to bring the constitution
fully into line with Council of Europe standards and principles.
In that respect, the Assembly welcomes the clearly expressed commitment
of all political forces in Ukraine to adopt such constitutional
amendments in first reading before the next presidential election
takes place and in final reading when the next session of the Verkhovna
Rada begins, in September 2014. In view of the short period of time
available, the Assembly calls upon the Verkhovna Rada to make full
use of the already existing opinions of the European Commission
for Democracy through Law (Venice Commission) on previous drafts
and concepts for constitutional reform in Ukraine.

6. There can be no question about the legitimacy of the Verkhovna
Rada, which was elected in 2012 in elections that were, inter alia, observed by the Assembly.
At the same time, the Assembly recognises that, as a result of the
recent political developments, including the disarray of the Party
of Regions, several groups of people in Ukraine fear that they are
not, or not well, represented in the Verkhovna Rada and therefore
at the level of central government. In order to ensure the fullest
possible representativeness of the Verkhovna Rada, which will benefit
the unity and stability of the country, pre-term parliamentary elections
should be organised as soon as is technically and politically feasible.

7. The next parliamentary elections should be conducted on the
basis of a new unified election code and a regional proportional
election system, as repeatedly recommended by the Assembly and the
Venice Commission. In order to avoid any unnecessary delays in the
adoption of such an election code, the Assembly recommends that
the Verkhovna Rada develop a unified election code based on the
draft that was prepared by the Kliuchkovsky working group, in which
all political forces participated and which benefited from the expertise
of the Venice Commission.

8. While constitutional reform and the adoption of a new unified
election code should be the immediate priority for the Ukrainian
authorities, far-reaching judicial reform and the decentralisation
of government, including the strengthening of local and regional
authorities, should also be urgently considered and implemented.

9. Regrettably, recent events have increased the east–west divide
in the country and led to unease among the population of both parts
of the country. In the view of the Assembly, the divide is mostly
of political origin, despite the clear historical and cultural differences
between the east and the west of Ukraine. The Assembly recommends
therefore that the authorities develop a comprehensive and inclusive
strategy to strengthen local and regional authorities and to decentralise
government. Such a decentralisation strategy should be based on the
principles of a strong unitary State with an effective system of
central governance with delegated responsibilities and powers to
the local and regional communities. The Assembly strongly objects
to any notion of a federalisation of Ukraine and any outside pressures
to pursue federalisation in future, as this would substantially
weaken the unity and stability of the country.

10. The lack of independence of the judiciary and the structural
deficiencies in the judicial system have been long-standing concerns
of the Assembly. Far-reaching judicial reforms should now be promptly
implemented. The Assembly reiterates its recommendations made in
previous resolutions, which remain valid. It stresses that constitutional
amendments are necessary to establish a judicial system that is
fully in line with European standards.

11. The Assembly takes note of the conclusions by the Advisory
Committee of the Framework Convention for the Protection of National
Minorities that visited Ukraine from 21 to 26 March 2014. It welcomes
the fact that there is no immediate threat to the enjoyment of minority
rights in the current situation in Ukraine. At the same time, it
calls on the authorities to be proactive in adopting all possible
measures that could strengthen the unity of the country and to refrain
from any discourse or actions that are divisive and that could undermine
– or be instrumental in undermining – the national unity of the
country. In this context, the Assembly regrets the decision by the
Verkhovna Rada to cancel the Law on the Principles of State Language
Policy, even if this decision has never been enacted or implemented.

12. The Assembly expresses its concern about the increasing number
of credible reports of violations of the human rights of the ethnic
Ukrainian and Crimean Tatar minorities in Crimea, including denying
access to their homes, following its annexation by Russia. It calls
upon the Russian authorities to ensure that these violations are
immediately halted and all perpetrators prosecuted. The report of
the Advisory Committee of the Framework Convention for the Protection
of National Minorities, following its visit to Ukraine from 21 to
26 March 2014, points out that people belonging to the Crimean Tatar
minority are exposed to particular risks in Crimea. There is a growing
fear and uncertainty among Crimean Tatars, who have suffered from
deportations in the past. The concerns regarding their safety and
access to rights, including the enjoyment of cultural, language,
education and property rights, have to be duly addressed. In addition,
international human rights monitors from the Organization for Security
and Co-operation in Europe (OSCE) should be given full access to the
region.

13. The frequent and unsubstantiated reports of minority rights
violations in Ukraine, as well as the negative portrayal of the
new government in Kyiv by certain national and international media,
have had a negative impact on interethnic relations in Ukraine,
and, ultimately, on the unity and stability of the country. The Assembly
calls on all media to refrain from such unsubstantiated reports
and to cover the developments in the country and its regions impartially
and factually. It also calls upon the authorities in Ukraine to
reconsider the decision to stop the broadcasting of some television
channels in the country and to refrain from any censorship of the
media.

14. The Assembly regrets that the democratic changes and political
developments in Ukraine have been overshadowed by the developments
in Crimea. The Assembly strongly condemns the authorisation of the Parliament
of the Russian Federation to use military force in Ukraine, the
Russian military aggression and the subsequent annexation of Crimea,
which is in clear violation of international law, including the
Charter of the United Nations, the Helsinki Final Act of the OSCE
and the Statute and basic principles of the Council of Europe.

15. In the view of the Assembly, none of the arguments used by
the Russian Federation to justify its actions hold true to facts
and evidence. There was no ultra-right wing takeover of the central
government in Kyiv, nor was there any imminent threat to the rights
of the ethnic Russian minority in the country, including, or especially, in
Crimea. Given that neither secessionism, nor integration with the
Russian Federation, was prevalent on the political agenda of the
Crimean population, or widely supported, prior to Russian military
intervention, the Assembly considers that the drive for secession
and integration into the Russian Federation was instigated and incited
by the Russian authorities, under the cover of a military intervention.

16. The so-called referendum that was organised in Crimea on 16
March 2014 was unconstitutional under both the Crimean and Ukrainian
Constitutions. In addition, its reported turnout and results are
implausible. The outcome of this referendum and the illegal annexation
of Crimea by the Russian Federation therefore have no legal effect
and are not recognised by the Council of Europe. The Assembly reaffirms
its strong support for the independence, sovereignty and territorial
integrity of Ukraine. In connection with the denunciation by the Russian
Federation of the agreements, concluded with Ukraine in 1997, on
the Black Sea Fleet deployment in Crimea, the Assembly calls on
Russia to withdraw its troops from Crimea immediately.

17. The Assembly expresses its great concern about the build-up
of large numbers of Russian military troops along the border with
Ukraine, which could be an indication that the Russian Federation
is considering further unprovoked military aggression against Ukraine,
which is unacceptable.

18. Given the risk of destabilisation and the deterioration of
the security regime of the whole region by further Russian military
aggression against Ukraine, the Assembly recommends that the signatories
of the Budapest Agreement, as well as other relevant European States,
explore the possibility for tangible security agreements to ensure
Ukraine’s independence, sovereignty and territorial integrity.